La adopción de menores por parejas del mismo sexo en el Ecuador.

Abstract

Adoption by same-sex couples is a topic of frequent debate today, especially after the recognition of equal marriage in several countries, including Ecuador. The study carried out shows that adoption by this type of couple is not always accompanied by the recognition of marriage, which is why there are countries where marriage is recognized with the possibility of adopting, while in others only marriage is recognized and adoption is expressly prohibited. The latter is the situation in Ecuador, where same-sex couples, even when they form a consolidated marriage, are prohibited by the Constitution from adopting a minor, while there is a gap regarding homoparental adoption. Faced with these problems of legal vacuum and possible violation of the right to equality and non-discrimination and the principle of the best interest of the child with which those rights must be weighed, it is proposed that the Constitutional Court be the one who expressly decides whether the recognition of marriage egalitarian implies the possibility of adopting, and if legally possible homoparental adoption.